Common use of No Conditions Precedent to Exercise of Remedies Clause in Contracts

No Conditions Precedent to Exercise of Remedies. Neither Borrower nor any guarantor of the payment of all or any part of the Indebtedness or the performance of any of the Obligations shall be relieved of any obligation by reason of the failure of Lender to comply with any request of Borrower or of any other person to take action to foreclose on the Deed of Trust or otherwise to enforce any provisions of the Note or the Security Documents, or by reason of the release, regardless of consideration, of all or any part of the Mortgaged Property, or by reason of any agreement of stipulation between any subsequent owner of the Mortgaged Property and Lender extending the time of payment or modifying the terms of the Note or the Security Documents without first having obtained the consent of Borrower or such guarantor; and in the latter event, Borrower and such guarantor shall continue to be liable to make payments according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by Lender.

Appears in 2 contracts

Samples: Construction Loan Agreement (Comstock Holding Companies, Inc.), Construction Loan Agreement (Comstock Holding Companies, Inc.)

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No Conditions Precedent to Exercise of Remedies. Neither Borrower Grantor nor any guarantor of the other person hereafter obligated for payment of all or any part of the Indebtedness or the performance of any of the Obligations shall be relieved of any such obligation by reason of (a) the failure of Lender Trustee to comply with any request of Borrower Grantor or of any other person to take action so obligated to foreclose on the lien of this Deed of Trust or otherwise to enforce any provisions of the Note or the Security other Loan Documents, or by reason of (b) the release, regardless of consideration, of all the Collateral or any part of the Mortgaged Property, or by reason addition of any other property to the Collateral, (c) any agreement of or stipulation between any subsequent owner of the Mortgaged Property Collateral and Lender extending the time of payment Beneficiary extending, renewing, rearranging or in any other way modifying the terms of the Note or the Security Loan Documents without first having obtained the consent of Borrower of, given notice to or paid any consideration to Grantor or such guarantor; other person, and in the latter event, Borrower such event Grantor and all such guarantor other persons shall continue to be liable to make payments payment according to the terms of any such extension or modification agreement, agreement unless expressly released and discharged in writing by LenderBeneficiary or (d) by any other act or occurrence save and except the complete payment and fulfillment of the Obligations.

Appears in 1 contract

Samples: Loan and Security Agreement (Sterling Construction Co Inc)

No Conditions Precedent to Exercise of Remedies. Neither Borrower nor any guarantor of the payment of all or any part of the Indebtedness or the performance of any of the Obligations shall be relieved of any obligation by reason of the failure of the Lender to comply with any request of Borrower or of any other person to take action to foreclose on the Deed of Trust or otherwise to enforce any provisions of the Note or the Security Documents, or by reason of the release, regardless of consideration, of all or any part of the Mortgaged Property, Property or by reason of any agreement of or stipulation between any subsequent owner of the Mortgaged Property and the Lender extending the time of payment or modifying the terms of the Note or the Security Documents without first having obtained the consent of the Borrower or such guarantor; and in the latter event, the Borrower and all such guarantor guarantors shall continue to be liable to make payments according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by the Lender.

Appears in 1 contract

Samples: Loan Agreement (Comstock Holding Companies, Inc.)

No Conditions Precedent to Exercise of Remedies. Neither Borrower Mortgagor nor any guarantor of the other person now or hereafter obligated for payment of all or any part of the Indebtedness or the performance of any of the Obligations shall be relieved of any such obligation by reason of the failure of Lender Mortgagee to comply with any request of Borrower Mortgagor or of any other person so obligated to take action to foreclose on the Deed of Trust this Mortgage or otherwise to enforce any provisions of the Note or the Security Loan Documents, or by reason of the release, regardless of consideration, of all or any part of the Mortgaged Propertysecurity held for the indebtedness, or by reason of any agreement of or stipulation between any subsequent owner of the Mortgaged Property and Lender Mortgagee extending the time of payment or modifying the terms of the Note or the Security Loan Documents without first having obtained the consent of Borrower Mortgagor or such guarantor; other person, and in the latter event, Borrower event Mortgagor and all such guarantor other persons shall continue to be liable to make payments payment according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by LenderMortgagee.

Appears in 1 contract

Samples: Security Agreement and Fixture Filing (Alexion Pharmaceuticals Inc)

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No Conditions Precedent to Exercise of Remedies. Neither Borrower nor any guarantor of the payment of all or any part of the Indebtedness or the performance of any of the Obligations shall be relieved of any obligation by reason of the failure of Lender to comply with any request of Borrower or of any other person to take action to foreclose on the Deed of Trust or otherwise to enforce any provisions of the Note or the Security Financing Documents, or by reason of the release, regardless of consideration, of all or any part of the Mortgaged Property, or by reason of any agreement of stipulation between any subsequent owner of the Mortgaged Property and Lender extending the time of payment or modifying the terms of the Note or the Security Financing Documents without first having obtained the consent of Borrower or such guarantor; and in the latter event, Borrower and such guarantor shall continue to be liable to make payments according to the terms of any such extension or modification agreement, unless expressly released and discharged in writing by Lender.

Appears in 1 contract

Samples: Acquisition and Construction Loan Agreement (Comstock Holding Companies, Inc.)

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